Big Tuna's v. Calamity Jane's

Final Order on Attorney's Fees and Costs


This case involved a commercial real estate dispute where my clients (plaintiffs), who were owners of the property, sought to evict the defendants/tenants for failure to pay rent and other lease violations. Defendants counterclaimed that that their lease with an option to purchase must be interpreted as an installment land contract, a conclusion that would force plaintiffs into a foreclosure process to regain their property. After a two day bench trial in January 2008, plaintiffs prevailed on all counts against defendants and prevailed on all of defendants' counterclaims. Plaintiffs were able to regain rightful possession of their property and a received a judgment for past due rent ($6,000). Plaintiffs also obtained this order order in July 2008 for their attorney's fees of over $33,000, pursuant to the written lease containing a provision stating, “Tenant shall be liable to Landlord for all direct and indirect damages resulting from Tenants breach, including...reasonable attorney's fees and other costs of collection...”

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Reference Info:Decision | | United States

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